Fraud Claims in Business Transaction Litigation

more+
less-

Fraud in business transactions is on the rise in the province of Ontario, Canada. Litigating business transaction claims involving fraud requires an understanding of complex aspects of legal procedure, contract and tort law. Igor Ellyn, QC, a senior Toronto business litigation and arbitration lawyer, provides useful details on this topic.

In this presentation, Mr. Ellyn, discusses the sources of fraud in private corporation business transactions and the procedures and legal remedies available in litigation involving fraud claims. Igor Ellyn draws on more than 35 years' experience as trial and abitration counsel and provides examples of cases decided in Ontario and other Canadian courts.

The presentation will be made under the following headings:

Elements of fraud and fraudulent misrepresentation

Differences between public and private corporations

Sources of fraud in private company transactions

Selection of forum and governing law

Examples of private company fraud litigation

Procedural considerations when pleading fraud

Interlocutory remedies

Permanent remedies

Reliance and expectation damages

Punitive damages

Enforcement

This presentation is limited to sale transactions involving private corporations and not to all types of business transactions.

This presentation was prepared for a legal conference. The contents are not legal advice. Please contact the author if you have any questions.

Igor Ellyn, QC, CS, FCIArb. is the senior partner of Ellyn Law LLP Business Litigation &Arbitration Lawyers, Toronto. He is Chair of the Business Litigation and Arbitration Practice Group of INBLF.com. He is also a member of the Toronto chapter executive of the Chartered Institute of Arbitrators and a member of the Toronto Commercial Arbitration Society. Mr. Ellyn is a member of six arbitration panels including the Arbitration Committee of the Canadian Chamber of Commerce.

ELLYN LAW LLP has expertise in a broad range of complex commercial disputes including corporate and shareholder disputes and also aspects of arbitration and mediation. The lawyers of the firm recently published the Canada chapter of Liability of Corporate Directors (Juris). The seminal article, Shareholders Remedies in Canada is now in its fourth edition and has been widely read online. Igor Ellyn has also written and presented extensively about international matters. These articles are posted on www.jdsupra.com. Further information is available on www.ellynlaw.com.

LOADING PDF: If there are any problems, click here to download the file.